[Ord. 878, 1/3/2022]
The Borough Council of the Borough of Nazareth (“Borough”),
Northampton County, Pennsylvania, is charged with the duty to protect
and provide for the health, safety, and general welfare of the citizens
of the Borough. The Borough Council finds in declares as follows:
1. Pursuant
to 8 Pa.C.S.A. § 1202(12), the Borough Council has the authority
to prohibit obstructions on public sidewalks and pedestrian rights-of-way,
2. Obstructions
on public sidewalks and pedestrian rights-of-way are a hazard to the
public because they may, among other actions, cause a pedestrian to
trip and fall or to walk in the street to avoid said obstruction.
[Ord. 878, 1/3/2022]
The words and phrases as used in this Ordinance shall have the
following meanings:
BOROUGH
Borough of Nazareth, Northampton County, Pennsylvania.
OBSTRUCTION
An obstruction shall include, but not be limited to, structures,
fixtures, objects, signs, equipment, racks, furniture, canopies, umbrellas,
awnings, trees, plants, vehicles, refuse containers, or similar items.
PEDESTRIAN RIGHT-OF-WAY
A pedestrian right-of-way shall include, but not be limited
to, all public sidewalks, pathways, footpaths, rights-of-way, or similar
feature, whether improved or unimproved, which is located within the
legal right-of-way line of the street. Where the limit of width of
the public portion of the pedestrian right-of-way is in doubt, it
shall consist of a minimum width of five feet measured from the exterior
edge of the street or curb-line.
PERSON
A person shall include any natural person, firm, partnership,
association, corporation or organization of any kind.
[Ord. 878, 1/3/2022]
No person shall install, erect, maintain, or permit any obstruction
upon a pedestrian right-of-way in the Borough which might be an impediment
or obstruction to pedestrian travel or that may interfere with the
safe, free and full use thereof by the public or emergency personnel.
[Ord. 878, 1/3/2022]
Enforcement and Penalties in response to any violation of this Part shall be administered under the Borough’s Quality of Life Ticketing Ordinance (Chapter
5, Part
3 of the Borough’s Code of Ordinances).
[Ord. 878, 1/3/2022]
All Ordinances or parts of Ordinances, which are inconsistent
herewith are hereby repealed.